PROKASH CHANDRA MUKHERJEE & ORS. versus SARADINDU KUMAR MUKHERJEE & ORS.

PROKASH CHANDRA MUKHERJEE & ORS. versus SARADINDU KUMAR MUKHERJEE & ORS.

The period during which property was under requisition of the Government under the Defence of India Act, 1939 and Rule 75-A could not be tacked by the party from whom possession was taken when computing the period required for perfection of title by adverse possession. Government's possession was not as agent or by permission of the previous possessor. Therefore, continuity in adverse possession was broken and the plea of limitation failed.

Parties
Appellant: Prokash Chandra Mukherjee & Ors.; Respondent: Saradindu Kumar Mukherjee & Ors.
Jurisdiction
India
Judgment Date
04 February 1971
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Decree Dated June 26, 1964 of the Calcutta High Court in Appeal From Appellate Decree No. 1011 of 1962
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Partition Suit, Requisition Under Defence of India Act, Law of Limitation
Property Law Limitation Law Adverse Possession Partition Suit Requisition Under Defence of India Act Law of Limitation

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Parties

Prokash Chandra Mukherjee & Ors.

Appellant

Saradindu Kumar Mukherjee & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Decree Dated June 26, 1964 of the Calcutta High Court in Appeal From Appellate Decree No. 1011 of 1962

Legal Issues

  1. 1 Whether the defendants-appellants perfected title by adverse possession by tacking the period of government requisition for limitation purposes
  2. 2 Whether the possession of Government under the Defence of India Act, 1939 and Rule 75-A could be tacked to the period of adverse possession of the defendants for the purposes of limitation
  3. 3 Whether the prayer for possession could be inferred in the partition suit

Ratio Decidendi

The period during which property was under requisition of the Government under the Defence of India Act, 1939 and Rule 75-A could not be tacked by the party from whom possession was taken when computing the period required for perfection of title by adverse possession. Government's possession was not as agent or by permission of the previous possessor. Therefore, continuity in adverse possession was broken and the plea of limitation failed.

Court Disposition

Appeal dismissed

Orders

  • The appeal fails and is dismissed with costs.